Extra-Judicial Khulʿ Divorce in India’s Muslim Personal Law
Bibliographic Data
| ID | 12192251 |
|---|---|
| Authors | Sylvia Vatuk (Professor Emerita of Anthropology; University of Illinois at Chicago, corresponding author) |
| Year | 2019 |
| Volume | 26 |
| Issue | 1-2 |
| Pages | 111-148 |
| Publication date | 2019-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Islamic Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 0928-9380 • E-ISSN: 1568-5195 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15685195-02612p06 |
| OpenAlex | W2911607162 |
| Language | EN |
| Citations received | 3 |
| References cited | 16 |
This essay examines khulʿ divorce as it is interpreted, understood, and practiced in India by Sunni Hanafi Muslims. My research was part of a broadly focused investigation of the impact of India’s Muslim Personal Law upon women’s well-being, begun in 1998 and on-going. I draw upon ethnographic and archival data collected between 1998 and 2001, as well as a recent review of the relevant case law. Widespread stereotypes represent Indian Muslim women as powerless to free themselves from unhappy marriages. However, they do have several legal options. One is to offer the husband a consideration for granting an extra-judicial divorce by khulʿ . This has distinct advantages over filing for divorce in a court of law. But its downside is that the husband must agree to release his wife from the marriage. Many refuse, others drive hard bargains or create other difficulties for the wife that are discussed in the essay
Ethnography · Family law · Islam · Marriage law · Political science · Sharia · Sociology · Theology · Wife · Gender and Women's Rights · Islamic Studies and History · Law · Marriage and Sexual Relationships · Philosophy
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| Unique citing works | 3 |
|---|---|
| Citations per year | 1,5 |
| Citation span | 2024 - 2024 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |